Employer Occupational Health and Safety Obligations in Turkey: Preventive OHS Compliance

One of the most frequently overlooked legal dimensions of setting up a business in Turkey is occupational health and safety (OHS) compliance. Yet Law No. 6331 on Occupational Health and Safety covers almost every workplace, public or private, even those with a single employee. These are not the compensation rules that kick in after an accident; they are preventive measures that must be in place before one happens. For foreign-owned businesses operating in the manufacturing, construction and hospitality-tourism sectors so common in the Antalya region, getting these obligations right from the outset is the foundation for avoiding both administrative fines and the heightened liability that follows an accident.

The Employer's General Duty and Prevention Principles

Article 4 of Law No. 6331 sets out the employer's core duty of care: the employer must ensure the occupational health and safety of employees and, within that framework, prevent occupational risks, take the necessary measures, set up the organisation and continuously improve existing conditions. A critical provision sits in the same article: obtaining services from external experts or organisations does not remove the employer's own responsibility (Art. 4/2). The employer may also not pass the cost of OHS measures on to employees (Art. 4/4).

Article 5 lists the prevention principles the employer must follow: avoiding risks, analysing unavoidable risks at their source, replacing the dangerous with the less dangerous and — importantly — giving priority to collective protection measures over personal ones. These principles form the yardstick against which an inspector or court measures whether the employer "did what was required".

Risk Assessment, Expert Appointment and Training

Preventive compliance rests on three pillars. The first is the risk assessment: under Article 10, the employer must carry out or commission an OHS risk assessment and, based on its outcome, determine the measures to be taken and the protective equipment to be used. In very hazardous workplaces such as mining, metal and construction work, the mere absence of a risk assessment is on its own grounds for stopping the work (Art. 25/1).

The second is expert appointment: Article 6 requires the employer to assign an occupational safety specialist and a workplace physician from among the workforce, and — in very hazardous workplaces with ten or more employees — also other health personnel. Where no such staff exist internally, the service may be procured from a joint health and safety unit (OSGB). The specialist's certificate class depends on the workplace hazard class: class (A) for very hazardous, at least class (B) for hazardous, and at least class (C) for low-hazard workplaces (Art. 8/5). The hazard class is determined by the workplace's NACE code (Art. 9).

The third is training and personal protective equipment: under Article 17 the employer must provide OHS training before work begins, on any change of job and whenever a new risk emerges; in hazardous and very hazardous work, no one lacking a vocational training certificate may be employed. The cost of training may not be charged to the employee and time spent in training counts as working time. The employer must also supply standards-compliant, CE-marked personal protective equipment free of charge.

The Employee's Right to Refuse Dangerous Work

The strongest employee-side tool in this preventive system is the right to refuse work under Article 13. An employee facing serious and imminent danger may apply to the OHS board (or, where there is none, to the employer) to have the situation assessed and measures taken. If the decision favours the request, the employee may refrain from working until the necessary measures are in place, and their wages and other rights are preserved (Art. 13/2). Where the danger is unavoidable, the employee may leave the workplace without waiting for this procedure, and no right may be restricted because of it (Art. 13/3). If measures are still not taken, the employee may terminate the contract for just cause (Art. 13/4). The employer may not penalise an employee for exercising this right.

Administrative Fines and the Impact on Accident Liability

The price of non-compliance is heavy. Article 26 imposes a separate administrative fine for each obligation: failure to carry out a risk assessment, to appoint an expert or physician, to provide training and to supply PPE are each penalised individually. In most cases these fines are re-applied per employee or for each month the breach continues. The amounts in the law are revalued every year, and the fine is further increased by up to 200 percent according to the workplace's employee count and hazard class (Art. 26/3). The same breach is therefore far more expensive for a large, very-hazardous workplace.

The real function of these preventive obligations becomes clear when an accident occurs. An employer that has met every requirement of Law 6331 significantly reduces the degree of fault attributed in any resulting compensation or criminal case; however, because the employer's objective duty of care is very broad under Turkish law, compliance alone does not eliminate liability entirely. The details of the post-accident compensation process are a separate topic; this article focuses on pre-accident preventive compliance.

A Compliance Guide for Foreign-Owned Businesses

For foreign investors setting up a hotel, restaurant, construction site or production facility in Antalya, the practical steps are:

1. Determine the hazard class from the start: Identify whether your workplace is low, hazardous or very hazardous by its NACE code; the entire level of obligation depends on it.
2. Contract with an OSGB before operations begin: Complete the appointment of a safety specialist and workplace physician before the first worker starts.
3. Document the risk assessment: Assess sector-specific risks in writing (working at height in construction; kitchen, pool and chemical risks in hospitality; machinery in manufacturing).
4. Keep training and PPE records: Signed training minutes and PPE handover records are your strongest defence evidence in an inspection or after an accident.
5. Do not skip emergency and OHS board duties: An OHS board is mandatory in workplaces with 50 or more employees.

Frequently Asked Questions

Does Law 6331 apply to a small business with a single employee? Yes. The law covers almost all workplaces regardless of employee count. However, the scope of certain obligations and the fine amounts vary with employee count and hazard class.

Does hiring the safety specialist externally (through an OSGB) remove my liability? No. Article 4/2 expressly states that obtaining external services does not remove the employer's responsibility. The employer remains responsible for implementing the specialist's recommendations.

If an employee refuses dangerous work, may I dock their pay? No. An employee exercising the right to refuse work in the face of serious and imminent danger keeps their wages and other rights (Art. 13), and may not be penalised.

If I take all OHS measures, am I free of all liability in an accident? Compliance significantly reduces your degree of fault and liability, but the employer's broad duty of care means it does not grant complete immunity. Full compliance is nonetheless the most effective legal protection.

How Mona Hukuk Can Help

OHS compliance is both a regulatory obligation and a strategic risk-management area for businesses investing in Turkey. At Mona Hukuk we support domestic and foreign-owned businesses with mapping OHS obligations at the setup stage, structuring OSGB and employment-contract processes, challenging inspections and administrative fines, and mounting a legal defence after an accident.

For consultancy in Antalya, you can write to contact@monahukuk.com or call +90 (242) 606 14 32.